Neutral Citation No. - 2025:AHC:13369 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 875 of 2025 Petitioner :- Tahajibul Hasan Respondent :- Dinesh And 15 Others Counsel for Petitioner :- Jagadeesh Prasad Chaurasiya Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "A) Direct the Civil Judge (Junior Division) City Jaunpur to restrain the respondent no.1 to 8 to not raise any construction upon the Old Arazi No.54 area 0.66 dismil (New No. 134/278) situated at Mauja- Saidanpur, Pargana- Haveli, Tehsil-Sadar, District-Jaunpur. B) Direct the Civil Judge (Junior Division) City Jaunpur to decide the case no.971 of 2017 (Tahjibul Hasan Vs. Dinesh and others) pending before the court of Civil Judge (Junior Division) City Jaunpur within stipulated time which may be fixed by this Hon'ble Court." 2. The prayer made in the writ petition cannot be granted in view of judgement of Constitution Bench of Hon'ble Apex Court rendered in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, when the Court was going to dismiss the petition, learned counsel for petitioner states that an application for grant of temporary injunction has been moved in Case No. 971 of 2017 is pending consideration before court below. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Junior Division) City Jaunpur to decide the temporary injunction application, if any such application has been moved by plaintiff-petitioner, in accordance with law, as expeditiously as possible, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 27.1.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad